service connection for sleep apnea is granted

See id. Do you have questions about how to service connect sleep apnea claims? You're not alone. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Without a CPAP machine, the VA assigns a 30% rating. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Your email address will not be published. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. This may be 20 or 30 years after the problems started. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg The rate was a staggering 22%. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Tender lymph nodes usually in the neck and underarms. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Thanks for your concern and the blog. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. * The importance ofamedical expert opinion in your Sleep Apnea claim. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. However, if you use one, it does provide you with a higher rating. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! * WHAT evidencetouseandwhich path to Service Connectionto use. Making the Sausage: Heres what you need to know about new VA Claims regulations. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). application/pdf If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Its an essential piece of evidence. You're not alone. Both anxiety and depression can also be linked to sleep apnea. Hot Dogs for Heroes 4th of July Event This Thursday! The question raised in this case is whether this "intermediate step" is limited to . (In many cases, amedical expert report or opinion may be crucial to success). Learn how your comment data is processed. And that means you are going to have to think through your sleep apnea claim. Sleep apnea is a medically complex disorder. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. endobj A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Keep up the great work, and remember, the only way to lose is to give up! Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Weve supported more than 15,000 veterans to win their claims and increase their ratings. My claim was approved first time submitting. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Dont make the mistake so many other veterans have. Your email address will not be published. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Youre arent alone. about the threat of COVID-19 and Coronavirus. Most Veterans are not proving sleep apnea is service connected. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). %PDF-1.4 % Any advice on getting sleep apnea service connected? I can teach you how to do that. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. * Can I service connect sleep apnea without a sleep study in service? While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. However, if you use one, it does provide you with a higher rating. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn how to prove your Sleep Apnea Claim the right way. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. The first requirement which must be met to satisfy the VA is a sleep study. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. This may be even easier for you now because of a new VA new rule as of August 2, 2021. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Below is the schedule for rating . Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. By doing this your claim will have the best chance possible. Learn more about us, Veterans Disability Claim But most veterans are not service-connected for this sinus condition. Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn, how to prove your Sleep Apnea Claim the right way. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 8 0 obj Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. and Coronavirus. Estimate your 2023 VA Rating & Compensation for FREE! Did the VA Benefit of the Doubt Rule just disappear? There are 3 ways to get it: Chris, Please call for an appointment before visiting: Mail Processing Center: P.O. Jason Perkins, was my lawyer in a workers comp. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. How to Get a 100 Percent VA Rating (if deserved)! This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. % Chills and night sweats as well as low-grade fevers. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Physical therapy can be given to help maintain and improve mobility. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. I talked to several doctors and sleep experts. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. . And that means you are going to have to think through your sleep apnea claim. * What if it wasnt diagnosed until years after service can I service connect it then? From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Was your obstructive sleep apnea (OSA) VA claim denied? See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. * How the VA willrate your sleep apnea condition after granting Service Connection. It only took three months. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Favorable BVA Case Law Precedent Example #2: Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! I dont know if Im authorize a second run at the DRO or go straight to BVA. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. Want More Information about VA Sleep Apnea? Veterans Benefits Network-Sleep Apnea secondary to Service Connected 0 case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. The VA uses two options for rating most sleep apnea claims. Battle of DUAL-EXPERTS Chris, you called it!!! Required fields are marked *. 4 0 obj We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. This is described as being foggy by patients. VA Claims insider is an education-based coaching/consulting company. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Dear Mr Attig: Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. BVA Decision Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Learn how your comment data is processed. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. I also have central and obstructive sleep apnea which has been denied service connection. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. we represent clients nationwide. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! %%EOF There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Honestly, they are just saying it. %PDF-1.4 When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r They denied extra physical therapy. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. My emphysema is connected. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. If you use a CPAP machine, then this should warrant a 50% rating. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! And you are going to have to presentit neatly andpersuasivelyto the VA. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Give us a call at 800-477-9027 to see if we can help you. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. I believe that the VA and BVA do not take Sleep Apnea seriously. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. FREE tips for Veterans to stay

service connection for sleep apnea is granted 2023